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(영문) 서울고등법원 2016.06.08 2014나2031279
손해배상(기)
Text

1. The plaintiff's appeal and the claim extended in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a corporation that entered into a sales agency contract with respect to the ASEAN building (hereinafter “instant building”) that was scheduled to newly construct and sell D with D (hereinafter “D”).

B. On September 12, 2007, K non-real estate trust company (hereinafter “K non-real estate trust”) entered into a sale management trust agreement with D on the instant building, and completed the trust registration on the same day.

C. The Defendant Company filed a lawsuit against D against D seeking payment of the unclaimed deposit for sale in lots and the unpaid commission for sale in lots (hereinafter “former first instance court”) (hereinafter “the Defendant Company’s claim for the refund of the deposit for sale in lots and the payment of the unpaid commission for sale in lots). The first instance court’s document of lawsuit is unable to be served several times at each address of D and D’s representative director at the time, and was served by public notice since December 18, 2008.

On March 17, 2009, the court of the first instance sentenced the defendant company to pay the amount of KRW 488,298,081 (i.e., 100,000,000,000,000,000) and damages for delay after August 5, 2007. The judgment delivered D through service by public notice on March 24, 2009, and the appeal period has expired.

On April 24, 2012, the Plaintiff, who was a manager D, filed an appeal to the Seoul High Court (Seoul High Court 2012Na35806) in the name of D.

(hereinafter “previous appellate court”). On January 8, 2013, during the said appellate trial, a letter of withdrawal of an appeal was submitted by H, which became a representative director D under the name of D, but the Plaintiff was made on August 1, 2014 by a person who is not authorized to file the said appeal.

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